Sexual Orientation and the Law: A Research Bibliographytag:www.lgbtbib.org,2008://12008-10-10T21:39:03ZMovable Type 3.36The Reality of Gender Ambiguity: A Road Toward Transgender Health Care Inclusiontag:www.lgbtbib.org,2008://1.2312008-10-10T21:36:36Z2008-10-10T21:39:03ZDeCleene, Anne C.bibliography
DeCleene delineates the plight of transgender discrimination in healthcare caused by the legal and medical professions too often relying on a polarized definition of sex, rather than the preferred sexual continuum paradigm. DeCleene documents examples of stigmatization and urges legal reform as a catalyst for social change, health care reform, and nondiscrimination laws inclusive of transgender persons.
Litigating Sexual Orientation and Gender Identity Issues: Developments from Coast to Coasttag:www.lgbtbib.org,2008://1.2302008-10-10T21:32:13Z2008-10-10T21:36:16ZMillman, Bruce R.bibliography
Millman provides a concise practitioner’s guide to recent statutory and case law on the issue of employment discrimination. Summaries are culled from New York, New Jersey, and California cases that utilize gender identity, sex, sexual orientation, and disability discrimination as litigation claims. The article goes on to provide advice to employers and briefly describes federal protections and developments in other jurisdictions.
Straightening Your Heir: On The Constitutionality of Regulating the Use of Preimplantation Technologies to Select Preembryos or Modify the Genetic Profile Thereof Based on Expected Sexual Orientationtag:www.lgbtbib.org,2008://1.2292008-10-10T21:28:10Z2008-10-10T21:31:15ZPaonessa, Louisbibliography
A clear overview of the science and ethical issues of embryonic technologies precedes an examination of case law and prediction of how the Court should rule on genetic modification of embryos predisposed to an undesirable sexual orientation. Paonessa articulately surmises that the state’s interest arises at viability, and prior intervention is insufficient to preclude the use of these technologies should they become available.
An International Examination of Same-Sex Parent Adoptiontag:www.lgbtbib.org,2008://1.2282008-10-10T21:24:38Z2008-10-10T21:27:22ZKohm, Lynne Marie, Megan Lindsey, and William Catoebibliography
Kohm et al. provide a cursory review of European laws and comparative analysis in order to extrapolate the effect that permissive same-sex parent adoption standards are having on the U.S. Rather than concede the issues as inextricably intertwined, the authors’ proclaim that the “best interest of the child” standard is often subordinated by gay rights concerns. The authors also illogically postulate that trends of low fertility rates correlate with more permissive adoption standards, therefore risking population decline.
Constitutional Law—Full Faith and Credit Clause—Tenth Circuit Invalidates Oklahoma Statute Barring Recognition of Out-of-State Adoptions by Same-Sex Couples—Finstuen v. Crutcher, 496 F.3D 1139 (10th Cir. 2007).tag:www.lgbtbib.org,2008://1.2272008-10-10T21:21:35Z2008-10-10T21:24:07ZHarvard Law Reviewbibliography
This brief note asserts that adoptions by same-sex couples should not be recognized by other states under the Full Faith and Credit Clause because this practice abrogates citizens’ rights to establish their own state’s public policy through their legislatures. It argues that Congress should use the Effects Clause to combat such recognitions.
K.M. v. E.G., My Two Moms: California Courts Hold That a Child Can Have Two Natural Motherstag:www.lgbtbib.org,2008://1.2262008-10-10T21:17:53Z2008-10-10T21:21:10ZTrimacco, Courtneybibliography
K.M v. E.G. [117 P.3d 673 (Cal. 2005)] the author argues that state legislatures should more clearly define parenthood in light of recent advances in reproductive technologies. She asserts that parents using in vitro fertilization, surrogacy, ova donation or sperm donation should have statutorily defined rights. ]]>
Talking Back: The Discursive Role of the Dissent in LGBT Custody and Adoption Casestag:www.lgbtbib.org,2008://1.2252008-10-10T21:14:28Z2008-10-10T21:17:21ZRichman, Kimberly D.bibliography
In her analysis of 78 dissents in appellate cases involving gay, lesbian, and bisexual parents between 1975 and 2004, the author posits that dissenting opinions are a valuable source of new information about cases and legal issues at hand. The role of dissenting opinions in family law and sexuality and law cases is also more broadly discussed.
Lesbian (M)otherhood: Creating an Alternative Model for Settling Child Custody Disputestag:www.lgbtbib.org,2008://1.2242008-10-10T21:11:21Z2008-10-10T21:13:53ZGartner, Nadine A. bibliography
This article proposes an alternative framework for settling child custody disputes among lesbians. This framework incorporates a mediation model that grows from and is supported by the local lesbian community. The article discusses why lesbian families are not adequately represented within existing court frameworks.
The Parentage Puzzle: The Interplay Between Genetics, Procreative Intent, and Parental Conduct in Determining Legal Parentagetag:www.lgbtbib.org,2008://1.2232008-10-10T21:07:48Z2008-10-10T21:10:53ZWald, Deborah H.bibliography
Wald explores the parentage issues affecting children conceived using assisted reproductive technologies (ART) and children resulting from extra-marital affairs. She analyzes how courts have traditionally determined who should be recognized as legal parents. The author argues that courts should entertain parenting, custody, and visitation actions brought by as many adults as have meaningfully contributed to a child’s parenting.
The Lesbian De Facto Parent Standard in Holtzman v. Knott: Judicial Policy Innovation and Diffusiontag:www.lgbtbib.org,2008://1.2222008-10-10T21:00:31Z2008-10-10T21:07:13ZTurner, William B.bibliography
Holtzman v. Knott[533 N.W.2d 419 (Wis. 1995)], the first United States decision to recognize a lesbian partner as the “de facto parent” of her partner’s biological child conceived and born during the relationship. After a summary of the case, Turner explores the sociopolitical factors leading to the Wisconsin decision and its varying reception in other states.]]>
Fit or Unfit? Homosexuality and Parentingtag:www.lgbtbib.org,2008://1.2212008-10-10T20:56:25Z2008-10-10T20:59:56ZTaub, Alysonbibliography
This short article presents a refutation of common arguments against the fitness of homosexuals as parents. The article argues against claims that children of homosexual parents will become homosexuals, that homosexual households produce troubled young adults, and that “dual-gender parenting” is superior to “homosexual parenting.”
Three’s Company for Lesbian Parental Rights and Obligations: A Discussion of Three California Decisionstag:www.lgbtbib.org,2008://1.2202008-10-10T20:51:11Z2008-10-10T20:55:59ZSimmons, William J.bibliography
Kristine H. v. Lisa R. [117 P.3d 690 (Cal. 2005)], Elisa B. v. Superior Court [117 P.3d 660 (Cal. 2005)], and K.M v. E.G [117 P.3d 673 (Cal. 2005)]. After discussing the decisions, the authors address questions of California law left open and the potential ramifications of the decisions for other states. ]]>
Family Law Issues Concerning Gays, Lesbians and Their Children Under Indiana Lawtag:www.lgbtbib.org,2008://1.2192008-10-10T20:48:37Z2008-10-10T20:50:40ZReed, James A. and Michael R. Kohlhaasbibliography
Reed and Kohlhaas provide an overview of Indiana case law addressing two family law issues important to homosexuals. The authors first provide a history of cases addressing property rights gained during non-marital cohabitation, including cases involving heterosexual couples which may be applicable to homosexual couples. The authors then detail the cases addressing the status of homosexual parents in child custody and adoption proceedings.
Expanding Parental Rights for Lesbian Couplestag:www.lgbtbib.org,2008://1.2182008-10-10T20:44:35Z2008-10-10T20:48:13ZDye, Bonnie D.bibliography
Miller-Jenkins v. Miller-Jenkins, 912 A.2d 951(Vt. 2006), is a complicated interstate custody dispute between lesbian ex-partners involving conflicting decisions of Virginia and Vermont state courts. Dye provides a detailed history and analysis of the situation and the more recent Vermont decision, which has resulted in a conflict that “will have to be resolved by the United States Supreme Court.” ]]>
Heterosexual Reproductive Imperativestag:www.lgbtbib.org,2008://1.2172008-10-10T20:32:40Z2008-10-10T20:43:54ZCruz, David B.bibliography
David Cruz examines the ideology of the heterosexual reproductive imperative--the belief that the "species and society must be reproduced [and that] this is naturally and properly done only by women and men acting together, and women, queer, and transfolk should just recognize the primitive truth of that and willingly bear the burdens of laws designed to reinforce this natural reality"--for its impact upon women's reproductive autonomy, same-sex marriage claims, and transgender demand for recognition.